Help-Me-Home Terms of Use and Privacy Statement REGISTRATION OF USER / USER SIGN-UP PAGE HELP-ME-HOME.COM WEBSITE TERMS OF USE AGREEMENT Last updated: 2 January 2011 Welcome to www.help-me-home.com, the Website that helps users recover items that they may have lost, through interaction with other users, by making use of this Website as an intermediary in the process. This Website includes access to Help-Me-Home related information, the Help-Me-Home Forums (upon establishment) and such other services and sites as may be made available form time to time by Help-Me-Home.com (the "Website" or "Site"). These Terms of Use form a legal agreement between the account holder ("You") and Help-Me-Home.com ("Help-Me-Home"). 1. Information Available at this Site This Website contains general information about Help-Me-Home, its activities and its services. This Website also contains information about related activities published to the Website by users like You. Help-Me-Home does not guarantee the accuracy or timeliness of the information available on this Website. You are solely responsible for verifying the accuracy of any information available on this Website. Help-Me-Home disclaims responsibility for Your reliance on information at this Site in Section 10 below. 2. Privacy Help-Me-Home will use Your personally identifiable information collected in connection with this Website, including without limitation Your name, e-mail address, or other information unique to You ("Personally Identifiable Information"), in the following ways: (a) Help-Me-Home may use Personally Identifiable Information to contact You about activities on the Help-Me-Home Website, to keep You notified of developments and progress on the Website, and to allow You to log any lost items as found, including sharing Your experiences with other users of the Website. (b) Help-Me-Home may also use Personally Identifiable Information to statistically analyze usage of the Site, to improve Help-Me-Home's product and service offerings, to customize the Website's content and layout, and to otherwise improve the Website. Help-Me-Home uses cookies and other types of Website user tracking technology to recognize Website visitors and to customize certain Website features and functions for repeat visitors. Information collected using cookies may be combined with Personal Information but may only be used as described herein. Cookies are required in order to function effectively on the Website, and disabling the use of cookies may impact some of the Website features. Help-Me-Home will not sell, rent, or otherwise disclose Personally Identifiable Information to any third party, except: (a) in connection with any merger or acquisition of Help-Me-Home (or Help-Me-Home assets), including without limitation any restructuring activity with another legal entity; or as (b) as required by subpoena, search warrant, or other valid legislative or judicial process. Help-Me-Home may, however, disclose non-personalized, aggregate data to third parties as may be collected and processed in connection with the Website. Should you contact another user through the Help-Me-Home Website, Help-Me-Home will capture the IP address of the computer from which that contact is made. Help-Me-Home reserves the right to store this IP Address as long as it deems necessary to comply with legal and / or other obligations that may be imposed on Help-Me-Home. In addition, Help-Me-Home reserves the right to capture the IP address of any computer interacting by whatever means with the Help-Me-Home website. Help-Me-Home reserves the right to store this IP Address as long as it deems necessary to comply with legal and / or other obligations that may be imposed on Help-Me-Home. You accept the Risk, of whatever nature and however defined, related to all information, of whatever nature, uploaded to the Website, whether by Yourself or someone using Your User Name and Password, including, but not limited to, information provided by You during the User Profile registration process, the process by which Your User Profile is updated, the process by which Your Tracking Tags are registered, the process by which details of your Tracking Tags are updated, the process by which You contact other users through the Website, the process by which you upload notes to the Website, and the process by which Tracking Tags and other products are purchased. Help-Me-Home accepts no responsibility for the information so uploaded, or the subsequent accuracy or integrity of such information. You agree that other Help-Me-Home users may contact You based on Your User Profile. You acknowledge that Help-Me-Home has no control over such contact, and that such contact may, in certain cases, be inappropriate. Should such a situation arise, You are welcome to contact the Help-Me-Home Customer Service with details of the objectionable contact, and You acknowledge that this is Your only course of action against inappropriate contact by another user. 3. License to Use Site / Restrictions Help-Me-Home hereby grants You a non-exclusive, non-transferable, revocable license to view and use the Website in accordance with this Agreement and any guidelines or policies posted on the Website. Help-Me-Home reserves the right to suspend or revoke, in its sole discretion, the license hereunder and to prevent You from accessing all or any portion of the Website with or without notice or reason and without liability on the part of Help-Me-Home. Help-Me-Home may change, suspend, or discontinue any portion of the Website, or any service offered on the Website, at any time, including but not limited to any feature, database, application, or content. Help-Me-Home may also impose limits on certain features offered on the Website with or without notice. The Website and all content available on the Website are protected by applicable intellectual property laws, and are for personal and noncommercial use. All rights not expressly granted in this Agreement are reserved by Help-Me-Home or by the respective owners of the intellectual property rights. All materials available on or through the Website, other than Third Party Submissions (collectively, the "Website Materials") are the property of Help-Me-Home or of its licensors and are protected by copyright, trademark, and other intellectual property laws. Help-Me-Home reserves the right to impose additional terms and conditions upon Your use and viewing of particular Website Materials, and any such terms and conditions may be posted on the Website in connection with those Website Materials. You may not reproduce or retransmit the Website Materials, in whole or in part, in any manner, without the prior written consent of the owner of such materials, except as follows: You may make a single copy of the Website Materials solely for Your personal, noncommercial use, but such copying must be consistent with any applicable additional terms and conditions and You must preserve any copyright, trademark, or other notices contained in or associated with such Website Materials. You may not distribute such copies to others, whether or not in electronic form and whether or not for a charge or other consideration, without prior written consent of the owner of such materials. If you have any questions, contact us at customer-service@help-me-home.com. Subscription portions (if any) of the Website may contain additional terms and conditions applicable to use of that portion of the Website, including without limitation password usage and protection rules. If You subscribe to any service at this Website, You will be asked to agree to those terms and conditions as part of the subscription transaction, and those terms and conditions will be deemed incorporated into this Agreement by this reference. Help-Me-Home Administration reserves the right to delete, without advance warning, User Profiles or any other content uploaded to the Website that does not appear to belong to an individual, or User Names that are deemed inappropriate for any reason. Furthermore, Help-Me-Home Administration reserves the right to delete, without advance warning, any User Profile that, in Help-Me-Home's sole discretion, feels is unacceptable for any reason. No recourse is provided to the User or any other person in such a situation. Any reward offered by another Help-Me-Home user for the safe return of the mislaid item is between the finder of the item and the owner thereof. You acknowledge that Help-Me-Home acts as an intermediary in the process, whereby the two parties are brought together. Help-Me-Home will neither be responsible for, nor assist with, the recovery of any reward offered by the owner of the item to which a Help-Me-Home Tracking Tag is attached. 4. Use of Publishing Tools and Forums All features, functions and areas of the Help-Me-Home.com Website, including the Help-Me-Home Forums (when and if developed), are governed by this Agreement and are also subject to such additional terms and conditions as Help-Me-Home may, from time to time, publicize. You and not Help-Me-Home are entirely responsible for all content that you upload, post or otherwise transmit via the Website. You agree not to: (a) Upload, post or otherwise transmit any content, including, but not limited to, contact made with other users, text, photographs or other material, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, slanderous, vulgar, obscene, libelous, invasive of another's privacy, hateful, embarrassing, or racially, ethnically or otherwise objectionable to any other person or entity. (b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity. (c) Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationship. (d) Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person, including without limitation under any privacy or publicity rights. (e) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation. (f) Upload, post or otherwise transmit any content that contains viruses or any other computer code, files or programs which interrupt, destroy, limit the functionality of, or cause damage to the Website or any computer software or hardware or telecommunications equipment. (g) Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges. (h) Interfere with or disrupt the Website or servers or networks connected to the Website, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Website. (i) Violate any applicable local, state, national or international law. (j) "Stalk", harass, or otherwise harm another Website user. (k) Collect or store personal data about other Website users. (l) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual. 5. Access and Interference Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Help-Me-Home by our users or third parties. You agree that You will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the express written permission of Help-Me-Home. Additionally, you agree that you will not: (a) take any action that imposes, or may impose, in Help-Me-Home's sole discretion, an unreasonable or disproportionately large load on our infrastructure; or (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or other measures we may use to prevent or restrict access to the Website. 6. License to Use Submissions All comments, articles, tutorials, screenshots, pictures, graphics, tools, downloads, and all other materials submitted to Help-Me-Home in connection with the Website or available through the Website (collectively, " Submissions") remain the property and copyright of the original author. If You submit Submissions to Help-Me-Home, You must adhere to any applicable submission guidelines that may be posted from time to time on the Website. By submitting any Submission to Help-Me-Home, You grant Help-Me-Home a worldwide, non-exclusive, transferable, perpetual, irrevocable, fully-paid royalty-free license and right to use, reproduce, distribute, import, broadcast, transmit, modify and create derivative works of, license, offer to sell, and sell, rent, lease or lend copies of, publicly display and publicly perform that Submission for any purpose and without restriction or obligation to You. The foregoing license rights are intended to provide to Help-Me-Home all rights under existing and future laws, including without limitation all rights under copyright and any other rights personal to You to publish the Submission on the Website, use the Submission in publicity and promotional materials for the Website and to create new Websites or derivative works (including without limitation by combining the Submission with other content) for public display or performance via any and all media or technology now known or later developed. The foregoing rights may be licensed and sublicensed through unlimited tiers of third parties. 7. Claims of Copyright Infringement Help-Me-Home respects the intellectual property rights of others, and Help-Me-Home asks that all users of the Website do the same. If You believe that Your work has been published on the Help-Me-Home Website in a way that constitutes copyright infringement, You may notify Help-Me-Home's copyright agent by providing the following information: (a) Identification of the copyrighted work that You claim has been infringed, (b) Identification of the material that You claim is infringing and needs to be removed, including a description of where it is located on the Website, (c) Your address, telephone number, and, if available, e-mail address, so that Help-Me-Home can contact You about Your complaint, and (d) A signed statement that the above information is accurate; that You have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner's behalf in this situation. Notices of copyright infringement claims should be sent by e-mail to the attention of Help-Me-Home — Copyright Agent, at the e-mail address of copyright@help-me-home.com. If You give Help-Me-Home notice of copyright infringement, Help-Me-Home's copyright agent may begin investigating the alleged copyright infringement. However, Help-Me-Home's copyright agent must receive Your signature included in the e-mail Help-Me-Home is required by law to take any action. More information about U.S. copyright law can be found at the United States Copyright Office. For non-US citizens and residents, refer to the copyright law in Your respective countries. 8. Logo Usage The Help-Me-Home logo is propriety to Help-Me-Home, and Help-Me-Home retains all rights, title, and interest in and to the logo. 9. Indemnity You agree to indemnify and hold Help-Me-Home, its officers, employees, agents and volunteer administrators harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys' fees) that Help-Me-Home may incur in connection with: (a) Your breach of any of the terms of this Agreement; or (b) Your use of the Site. 10. No Warranties Neither Help-Me-Home, nor any successor, predecessor, agent, officer, or employee of Help-Me-Home, warrants the accuracy, reliability, or timeliness of any information or downloads published to or otherwise accessible via the Website ("Site Information"). Help-Me-Home will not be liable for any damage or loss caused by Your reliance on the accuracy, reliability, or timeliness of Site Information. Because of the number of possible sources of information available through the Website, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in the Site Information. The Site Information may include facts, views, opinions, and recommendations of individuals and organizations. Help-Me-Home does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by persons other than authorized Help-Me-Home spokespersons, including, without limitation, information contained in the forum areas of the Website (if and when they are created). The Website may also contain links to one or more Internet sites outside of the Help-Me-Home Website. Help-Me-Home is not responsible for the content of such outside Internet sites and does not warrant the accuracy, reliability, or timeliness of any information or downloads posted on or obtained from such outside Internet sites. You rely on the Site Information, as well as information found on outside Internet sites linked to the Site, including those of Help-Me-Home advertisers, at Your own risk. The Site, including without limitation the Site Information and all other content provided on the Site, are provided to You "as is", and You assume the entire risk as to Your use of the Site, the Site information and the results and performance of the Site. Help-Me-Home hereby disclaims all warranties, duties or conditions (if any), whether express or implied, with regard to the Website or any content provided on the Website, including but not limited, to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and lack of negligence. Help-Me-Home gives no warranty against interference with Your enjoyment of the Site, against infringement, or as to title, or that information provided on the Website, the Website itself, or Help-Me-Home's efforts, will fulfill any of Your particular purposes or needs. Furthermore, Help-Me-Home gives no warranties as to the availability of the Website at any particular time; functionality; timeliness of services; accuracy or currency of content; lack of viruses; or any other warranty. 11. Limitation of Damages To the fullest extent permitted by law, and regardless of the form or cause of action or the alleged basis of the claim, You agree that Help-Me-Home, its officers, employees, agents, volunteer administrators and anyone else associated in whatever capacity with Help-Me-Home, whether for compensation or not, will not be liable for any direct, indirect, incidental, consequential, punitive, special, direct, or other damages whatsoever arising out of or relating to this agreement or Your use of the website or the website information, even if they have been advised of the possibility of such damages, and even if the remedies otherwise provided under this agreement, at law, or in equity, fail of their essential purpose. This limitation and exclusion of damages includes, but is not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence or negligent misrepresentation, and for any other pecuniary or other loss whatsoever, even in the event of the fault of Help-Me-Home, of tort (including negligence), strict or product liability, breach of contract, or breach of warranty. Should a court of competent jurisdiction determine that the limitation above is not legally valid, Help-Me-Home, its officers, employees, agents and volunteer administrator's liability for any claims arising out of or relating to this agreement (including any Terms and Conditions referenced in this agreement) including for any direct damages arising from Your reliance on website information, will be limited to USD 10.00 (ten US dollars, or the equivalent in local currency) or the amount of direct damages incurred by You in reliance on this site or on site information, whichever is less. You agree that this is Your sole and exclusive remedy and You hereby release Help-Me-Home, its officers, employees, agents, volunteer administrators, and anyone else associated in whatever capacity with Help-Me-Home, whether for compensation or not, from all obligations, liability, claims or demands in excess of the limitation. 12. Washington Law and Washington (King County) Forum This Agreement is governed by the law of the state of Washington, U.S.A. You consent to jurisdiction of and venue in the courts in King County Washington, U.S.A. in all disputes arising out of or in connection with this Agreement. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Help-Me-Home's performance under this Agreement is subject to all applicable laws and regulations, and You agree that Help-Me-Home may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. 13. Attorney's Fees In any formal action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, Help-Me-Home will be entitled to recover its costs, including reasonable attorneys' fees. 14. Changes to this Agreement Help-Me-Home reserves the right to revise the terms of this Agreement at any time and from time to time. Each time You use the website, You are bound by the version of this Agreement that is in effect and posted on the website at the time of Your use. Please review them and ensure that You are in full agreement with the terms contained therein. Should You no longer accept the terms of this Agreement, Help-Me-Home will assume that you no longer wish to remain a member of the website, and encourages You to terminate Your association with Help-Me-Home, and will assume that this is the case on the date that You no longer agree to the Terms of Use of the Help-Me-Home Website. 15. Severability; No Waiver; Entire Agreement If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible. Help-Me-Home's failure to act with respect to a breach by You or others does not constitute a waiver of Help-Me-Home's right to enforce its rights with respect to subsequent or similar breaches. This Agreement, along with any website guidelines or policies posted on the website or otherwise provided to You by Help-Me-Home, constitutes the entire agreement between You and Help-Me-Home with regard to Your use of the website. Help-Me-Home.com and Help-Me-Home are trademarks of Help-Me-Home. Copyright 2011. All rights reserved.